Prohibition of Changing the Position or Salary of an Employee During and After Maternity Leave (Right)

Introduction:

It is prohibited to change the position or salary of an employee on maternity leave and for 60 days following maternity leave without a special permit from the Ministry of Economy

An employer who has violated this prohibition may be fined.

If this prohibition is violated, a complaint may be filed against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit

This prohibition does not include temporary changes in position as a result of an employee's request due to medical reasons, nor changes to salary under a collective agreement or related to salary paid according to production if the employee's production decreased or for reasons out of control of the employer.

For more information, see section 9a of the Womens' Employment Law

It is prohibited to change the position or salary of an employee during hermaternity leave and for 60 days following maternity leave without a special permit from the Ministry of Economy.

• An employer wishing to change the position or salary of such an employee must request a special permit issued under the auspices of the Minister of Industry, Trade and Labor. The minister will issue a permit only if he has been convinced that the requested change is not related to the birth or maternity leave.

Who is Eligible?

• Employees on maternity/paternity leave or within 60 days of returning from legally guaranteed maternity leave.

How to Claim It?

• The right should be granted automatically by the employer.
• If an employer violates this prohibition, the employee is entitled to take all of the following actions:
  • File a complaint against the employer with the labor law enforcement nit;
  • Sue the employer for compensation in regional labor court.

Please Note

• A woman returning to work after maternity leave is entitled to return to the same work under the same working conditions, except in special circumstance. For further information see A woman returning from maternity leave is entitled to return to the same work, under the same working conditions.

Court Rulings

• Compensation of NIS 57,000 was granted to a woman who was fired after she returned from maternity leave because her employer preferred the person who covered her leave.

Aid Organizations

• Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights, specifically those listed under "ארגוני סיוע לנשים".

Government Agencies

• For a list of government agencies dealing with employment and specifically with the employment of women

Laws and Regulations

• The Employment of Women Law Section 9a
• The Law for Increased Enforcement of Labor Laws

Credits

• English translation and maintenance by The Shira Pransky Project.